Amendment of List of Exempt Native Specimens - Macquarie Island Toothfish Fishery (11/04/2011) (deletion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, is a key piece of legislation aimed at protecting and conserving the environment, including biodiversity, both nationally and internationally. The 2011 amendment to this Act, specifically focusing on the List of Exempt Native Specimens, was introduced to address gaps in the regulation of trade involving certain native specimens. By amending the list under section 303DC, the Act aims to ensure that trade in specimens from the Macquarie Island Toothfish Fishery, excluding those from species listed under Part 13, is properly regulated. This legislative instrument was created after thorough consultation with relevant ministers and stakeholders, including the Australian Fisheries Management Authority, and feedback from interested parties, ensuring a balanced approach to biodiversity conservation and sustainable fishing practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens in accordance with Section 303DC applies specifically to specimens that are or are derived from fish or invertebrates taken in the Macquarie Island Toothfish Fishery, excluding those that belong to species listed under Part 13 of the Act. This legislative instrument aims to modify the list of exempt native specimens by removing these specified specimens from the exemption list, thereby subjecting them to the trade control provisions that apply to regulated native specimens. The jurisdictional reach of this amendment is national, as it pertains to the Commonwealth's regulatory framework under the EPBC Act. The amendment process involved consultations with relevant ministers and stakeholders, including the Australian Fisheries Management Authority, and public comments were considered before the decision was made. The amendment came into effect on the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative section in this legislative instrument is Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which provides for the establishment of a list of exempt native specimens. Section 303DC(3) further mandates that the Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant ministers and other stakeholders before amending the list. This instrument specifically seeks to exclude certain specimens taken in the Macquarie Island Toothfish Fishery from the list of exempt native specimens. These specimens, or those derived from fish or invertebrates, are no longer exempt from the trade control provisions applicable to regulated native specimens unless they belong to species listed under Part 13 of the Act. The Act imposes several obligations on the parties involved. Firstly, it mandates consultation with relevant ministers and stakeholders before making any amendments to the list of exempt native specimens. This ensures that all interested parties have an opportunity to provide input and that the decision-making process is inclusive and informed. The proposal to amend the list was advertised on the Department of Sustainability, Environment, Water, Population and Communities' website, inviting comments from interested individuals for a period of 22 business days. Additionally, the Australian Fisheries Management Authority was consulted, and all comments received were taken into account in the decision to include the fishery in the list of exempt native specimens. The legislative instrument also outlines the consequences for breach of the provisions. While the explanatory statement does not specify any particular offences or penalties, breaches of the EPBC Act generally can result in significant civil or criminal penalties. For example, under the Act, unauthorised trade in native specimens can lead to fines and imprisonment. Specifically, individuals can be fined up to AUD 525,000 or imprisoned for up to five years, or both, for serious breaches. Corporations can face even higher penalties, with fines up to AUD 2,625,000. These penalties reflect the seriousness of the Act's provisions in protecting the environment and biodiversity.